J  K 


JC-NRLF 


GIFT  OF 


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'EIMARY  ELECTION  LAW 


OF  WASHINGTON 


APPROVED  MARCH  15, 

1907 


Compiled  and  Indexed  by  J.  W.  Lysons,  Secretary 
of  the  Senate,  Iby  Order  of  the  Wash- 
ington State  Senate. 


OLYMPIA,  WASH.  : 
C.  W.  GOBHAM,  PUBLIC  PRINTER. 

1907. 


PEIMARY  ELECTION  LAW 

OF  WASHINGTON 


APPROVED  MARCH  15, 

1907 


Compiled  and  Indexed  by  J.  W.  Lysons,  Secretary 
of  the  Senate,  by  Order  of  the  Wash- 
ington State  Senate. 


OLTMPIA,  WASH.  : 

C.  W.  GOBHAM,  PUBLIC  PRINTER. 

1907. 


PRIMARY  ELECTION  LAW. 


CHAPTER  209,  LAWS  OP  1907. 

(S.  B.  322.) 

AN  ACT  relating  to,  regulating  and  providing  for  the 
nomination  of  candidates  for  public  office  in  the 
State  of  Washington  and  providing  penalties  for 
the  violation  thereof,  and  declaring  an  emergency. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Wash- 
ington: 

Definition  and  Construction. 

SECTION  1.  The  words  and  phrases  in  this  act 
shall,  unless  the  same  be  inconsistent  with  the  con- 
text, be  construed  as  follows: 

(a)  The  word    "primary"   the   primary   election 
provided  for  by  this  act. 

(b)  The  words  "September  primary"  the  primary 
election  held  in  September  to  nominate  candidates  to 
be  voted  for  at  the  ensuing  election. 

(c)  The  word  "election"  a  general  or  city  elec- 
tion as  distinguished  from  a  primary  election. 

Candidates,  How  Nominated. 

SEC.  2.  Hereafter,  all  candidates  for  elective 
'offices  in  this  state,  either  state,  county,  municipal, 
precinct  or  congressional,  shall  be  nominated  at  a 
direct  primary  election  held  in  pursuance  of  this  act: 
Provided,  That  this  act  shall  not  be  held  to  refer  to 
special  elections  for  filling  the  vacancies  for  unex- 
pired  terms,  or  to  election  to  offices  of  any  city  or 
town  of  the  fourth  class  or  for  any  school,  dike  or  irri- 
gation district  or  other  local  improvement  district 
election,  or  for  presidential  electors. 


257160 


4  PRIMARY  ELECTION  LAW 

Primaries,  "When  and  Where  Held. 

SEC.  3.  A  primary  election  held  to  nominate 
candidates  to  be  voted  for  at  the  general  election  in 
November,  1908,  shall  be  held  at  the  regular  polling 
places  in  each  precinct  on  the  second  Tuesday  of 
September,  1908,  and  biennially  thereafter,  for  the 
nomination  of  all  candidates  to  be  voted  for  at  the 
succeeding  general  election.  Except  as  hereinafter 
provided,  any  primary  other  than  the  September 
primary  shall  be  held  four  weeks  before  the  election 
for  which  candidates  are  to  be  nominated  at  such 
primary:  Provided,  That  primaries  for  the  nomina- 
tion of  candidates  to  be  voted  upon  at  municipal  elec- 
tions held  during  1907  shall  be  held  two  weeks  prior 
to  the  date  of  said  elections. 

Declaration  of  Candidacy. 

SEC.  4.  The  name  of  no  candidate  shall  be  printed 
upon  an  official  ballot  used  at  any  primary  election 
unless  at  least  thirty  (30)  and  not  more  than  sixty  (60) 
days  prior  to  such  primary  a  declaration  of  can- 
didacy shall  have  been  filed  by  him,  as  provided  in 
this  act,  in  the  following  form: 

I, ,  declare  upon  honor  that 

I  reside  at  No.  . . .  street, (city  or  town) 

of ,  county  of ,  State  of 

Washington,  and  am  a  qualified  voter  therein,  and  a 

member  of party,  that  I  hereby 

declare    myself    a  candidate   for   nomination   to  the 

office  of ,  to  be  made  at  the  primary 

election  to  be  held  on  the  . . .  day  of , 

and  hereby  request  that  my  name  be  printed  upon  the 
official  primary  ballot  as  provided  by  law  as  a  candi- 
date of  the party,  and  I  accompany 

herewith  the  sum  of dollars,  the  fee  required 

by  law  of  me  for  becoming  such  candidate. 

Subscribed  this  . . . 

day  of 190..  


STATE  OF  WASHINGTON  5 

Provided  that  no  person  who  desires  to  become  a  can- 
didate for  the  office  of  supreme  or  superior  court 
judge  shall  certify  his  party  affiliations. 

Fees  to  be  Paid  by  Candidates. 

SEC.  5.  At  least  thirty  (30)  days  before  the  pri- 
mary election  day  any  person  who  shall  be  eligible, 
who  shall  desire  to  become  a  candidate  for  nomina- 
tion for  any  office,  subject  to  this  act,  shall  file  in  the 
proper  office  a  declaration  of  candidacy  accompanied 
by  the  fee  provided  in  this  act,  which  fee  shall  be  as 
follows: 

For  any  office  with  a  salary  or  compensation  at- 
tached, of  one  thousand  dollars  or  less  per  annum,  ten 
($10)  dollars;  when  such  salary  or  compensation  ex- 
ceeds one  thousand  dollars  per  annum,  an  additional 
sum,  equal  to  1  per  cent,  on  such  excess. 

Said  fees  shall  be  paid  to  the  following  officers: 
When  the  candidacy  is  for  a  state,  congressional,  or 
district  office  embracing  more  than  one  county,  the 
fee  shall  be  paid  to  the  Secretary  of  State,  to  be  paid 
by  him  to  the  State  Treasurer,  and  when  for  district 
offices  for  more  than  one  county,  the  same  shall  be 
divided  equally  between  the  counties  composing  such 
district  and  paid  to  the  respective  treasurers  thereof, 
and  the  Secretary  of  State  shall  issue  all  necessary 
warrants  for  such  payments  on  the  State  Treasurer. 
When  such  fees  are  for  county  offices  and  offices  for 
districts  within  counties,  such  fee  shall  be  paid  to  the 
county  auditors  and  by  them  to  the  respective  county 
treasurers,  and  when  for  city  or  municipal  offices, 
shall  be  paid  to  the  respective  clerks  of  such  cities  or 
municipalities  and  by  them  to  the  respective  treas- 
urers of  the  same. 

Political  Party  Candidates* 

SEC.  6.  Any  political  organization  which  at  the 
general  or  city  election  last  preceding  the  primary 


6  PRIMARY  ELECTION  LAW 

was  represented  on  the  official  ballot  by  either  regu- 
lar party  candidates  or  by  individual  nominees  only, 
may,  upon  complying  with  the  provisions  of  this  act, 
have  a  separate  primary  election  ticket  as  a  political 
party,  if  any  of  its  candidates  or  individual  nominees 
received  10  per  cent,  of  the  total  vote  cast  at  such  last 
preceding  general  or  city  election  in  this  state,  or 
subdivision  thereof,  in  which  the  candidate  seeks  the 
nomination. 

Declarations,  How  Filed. 

SEC.  7.  All  declarations  of  candidacy  shall  be 
filed  as  follows: 

First. — For  state  offices,  United  States  senators, 
representatives  in  Congress  and  those  members  of  the 
state  Legislature  and  judges  of  the  superior  court 
whose  districts  comprise  more  than  one  county,  in  the 
office  of  the  Secretary  of  State. 

Second. — For  officers  to  be  voted  for  wholly  in 
one  county,  in  the  office  of  the  county  auditor  of 
such  county. 

Third. — For  city  officers,  in  the  office  of  the  city 
clerk. 

Notice  of  Primaries,  How  Given. 

SEC.  8.  First. — At  least  20  days  before  any  Sep- 
tember primary  the  Secretary  of  State  shall  transmit 
to  each  county  auditor  a  certified  list  containing  the 
name,  postoffice  address  and  party  designation  of  each 
person  entitled  to  be  voted  for  at  such  primary,  and 
the  office  for  which  he  is  a  candidate,  as  appears  by 
the  nomination  papers  filed  in  his  office. 

Second. — Each  county  auditor  shall,  at  least  fif- 
teen days  before  the  September  primary,  publish 
once,  under  the  proper  party  designation  and  title  of 
each  office,  the  names  and  addresses  of  all  persons  for 
whom  nomination  papers  have  been  filed  in  so  far  as 
the  same  shall  affect  the  electors  of  his  county,  giving 


STATE  OF  WASHINGTON  7 

the  date  of  the  primary,  the  hours  during  which  the 
polls  will  be  open,  and  that  the  primary  will  be  held 
in  the  regular  polling  place  in  each  precinct,  and 
shall  cause  to  be  posted  copies  of  such  notice  in  at 
least  three  public  places  in  each  precinct  in  his 
county:  Provided,  That  the  names  of  all  candidates 
for  the  offices  of  supreme  and  superior  court  judge 
shall  be  published  and  posted  in  a  separate  list  with- 
out party  designation. 

Publication  of  Notices. 

SEC.  9.  Any  publication  required  in  this  act  shall 
be  made  in  two  newspapers  in  each  county  or  city,  of 
general  circulation,  representing  the  two  political 
parties  that  cast  the  largest  vote  in  such  county  or 
city  at  the  last  preceding  general  election. 

In  any  case  where  the  publication  of  a  notice  can- 
not be  made  as  hereinbefore  required,  it  may  be  made 
in  any  newspaper  having  a  general  circulation  in  the 
county  or  city  in  which  the  notice  is  required  to  be 
published. 

Method  of  Voting  and  Form  of  Ballot* 

Sec.  10.  The  method  of  voting  at  such  primary 
election  shall  be  by  ballot,  and  all  ballots  voted  shall 
be  printed  as  herein  provided. 

On  the  15th  day  before  the  primary  election  the 
county  auditor  shall  group  all  the  candidates  for  each 
party  by  themselves,  and  shall  prepare  at  once  in 
writing,  a  separate  sample  ballot  for  each  party  for 
public  inspection,  which  he  shall  post  in  a  conspicu- 
ous place  in  his  office.  He  shall  proceed  to  have 
printed  a  separate  primary  election  ballot  for  each 
political  party  which  has  qualified  as  hereinbefore 
provided.  These  ballots  to  be  prepared  in  the  fol- 
lowing manner: 

Every  ticket  shall  be  absolutely  uniform  in  color 
and  size,  shall  be  white  and  printed  in  black  ink. 


8  PRIMARY  ELECTION  LAW 

Across  the  head  of  each  ballot  shall  be  printed  in 
plain,  black  type,  first,  the  name  of  the  political 
party,  on  each  ticket,  following  the  words,  "Primary 
Election  Ballot."  On  the  next  line  shall  be  printed 
the  name  of  the  political  party,  and  below  that  the 
precinct,  ward,  city,  and  county  in  which  the  ballot 
is  to  be  used.  Then  shall  follow  the  words  "To  vote 
for  a  person  mark  a  cross  in  the  first  square  at  the 
right  of  the  name  of  the  person  for  whom  you  desire 
vote."  Beginning  at  the  top  of  the  left  hand  column, 
at  the  left  of  the  line,  in  black  type,  shall  appear  the 
position  for  which  the  names  following  are  candi- 
dates, and  to  the  extreme  right  of  the  same  line  the 
words  "Vote  for,"  then  the  words  "One,"  "Two,"  or 
a  spelled  number  designating  how  many  persons 
under  that  head  are  to  be  voted  for. 

Following  this  shall  come  the  name  of  each  can- 
didate for  that  position,  inclosed  in  a  light.faced  rule, 
with  a  square  to  the  right  of  said  name,  said  square 
being  separated  by  heavy  black  face  rule,  the  parallel 
rules  containing  the  names  and  the  squares  to  be  one- 
sixth  of  an  inch  apart.  Each  position,  with  the 
names  running  for  that  office,  shall  be  separated  from 
the  following  one  by  a  black-face  rule  to  separate 
each  position  clearly.  The  position  shall  be  arranged 
as  follows,  provided  nominees  for  such  positions  are 
to  be  selected  in  said  county  under  the  provisions  of 
this  act  hereinafter  provided:  First,  congressional; 
next,  state:  next,  preference  for  United  States  sen- 
ators; next,  legislative;  next,  county  officers,  next, 
precinct  officers;  in  all  cases  following  under  each 
heading  here  given,  the  rotation  used  in  the  make-up 
of  the  various  ballots  at  the  general  election.  At  the 
bottom  of  each  ballot  shall  be  printed  under  the 
caption  "non-partisan  judiciary"  the  names  of  all 
candidates  for  supreme  and  superior  court  judges. 
In  city  elections  it  shall  be  the  duty  of  the  city  clerk 
to  prepare  the  ballots  and  arrange  the  position  of  the 


STATE  OF  WASHINGTON  9 

candidates  on  such  ballots  commencing  with  the 
office  of  mayor  and  following  with  the  other  offices 
for  which  candidates  are  to  be  selected,  using  his 
reasonable  discretion  as  to  such  arrangement.  The 
duties  provided  for  in  this  act  to  be  performed  by  the 
county  auditor  with  reference  to  candidates  for 
county  and  district  offices  or  either  of  them  shall  in 
like  manner  be  performed  by  the  city  clerk  in  each 
city  with  reference  to  the  preparation  of  ballots  and 
primary  elections  for  candidates  for  city  offices. 

When  there  shall  be  four  or  more  candidates  for 
any  state  or  congressional  office,  there  shall  be 
printed  immediately  under  the  designation  of  office, 
the  following:  "Vote  for  both  first  and  second  choice 
for  this  office."  On  the  next  line  shall  be  printed 
the  words  "To  vote  for  a  person  for  first  choice  mark 
a  cross  (X)  in  the  first  square  at  the  right  of  the  name 
of  the  person  for  whom  you  desire  to  vote."  "To 
vote  for  a  person  for  second  choice,  mark  a  cross  (X) 
in  the  second  square  after  the  name  of  the  person  for 
whom  you  desire  to  vote."  The  form  of  ballot  shall 
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•  14  PRIMARY  ELECTION  LAW 

Separate  Party  Ballots. 

SEC.  11.  The  primary  election  ballots  for  the 
several  political  parties  shall  be  separate  ballots,  and 
the  primary  election  of  all  parties  shall  be  held  at  the 
same  t^me  and  place  and  under  the  same  officers  and 
in  all  respects  as  a  general  election,  under  the  laws  of 
the  State  of  Washington,  except  as  otherwise  changed 
by  this  act. 

Voting  at  Primary  Elections. 

SEC.  12.  Every  qualified  person,  properly  regis- 
tered as  a  voter  in  the  election  precinct  enabling  him 
to  vote  at  the  ensuing  election  where  registration  is 
required,  and  every  qualified  person  in  precincts 
where  registration  is  not  required,  shall  be  entitled 
to  participate  in  the  primary  election.  When  he  de- 
sires to  vote  at  said  primary  each  elector  shall  have 
the  right  to  receive  the  ballot  and  only  the  ballot  of 
the  party  for  which  he  asks:  Provided,  That  if  he  is 
challenged  he  shall  be  required  to  make  oath  or 
affirmation  that  he  intends  to  affiliate  with  said  party 
at  the  ensuing  election  and  whose  candidates  gener- 
ally he  intends  to  support,  whereupon  he  shall  retire 
to  one  of  the  booths  and  without  undue  delay  mark 
the  ballot  received  by  him  and  fold  it  so  that  its  face 
will  be  concealed.  He  shall  immediately  thereafter 
deliver  said  ballot  received  by  him  to  the  election 
officers.  In  the  event  said  voter  shall  soil  or  deface 
the  ballot  he  desires  to  vote  he  shall  at  once  return 
the  ballot  received  by  him  and  get  a  new  ballot  and 
the  election  officers  shall  destroy  or  render  unfit  for 
use  the  ballot  so  returned.  The  elector  shall  desig- 
nate his  choice  on  his  ballot  by  marking  a  cross  in 
each  of  the  small  squares  nearest  the  names  of  the 
candidates  for  whom  he  desires  to  vote  and  shall  not 
vote  for  more  candidates  for  an  office  than  are  to  be 
elected  thereto  at  the  election  to  follow  the  primary 


STATE  OF  WASHINGTON  15 

election  as  indicated  on  the  ballot  at  the  right  of  each 
office  for  which  candidates  are  to  be  selected. 

Where  under  the  provisions  of  this  act  a  voter  is 
required  to  designate  his  first  and  second  choice  the 
voter  shall  designate  his  first  choice  by  marking  a 
cross  (X)  in  each  of  the  small  squares  nearest  to  the 
names  of  the  candidates  for  whom  he  desires  to  vote 
for  first  choice  and  shall  designate  his  second  choice 
by  marking  a  cross  (X)  in  the  second  square  opposite 
to  and  parallel  to  the  names  of  the  candidates  for 
whom  he  desires  to  vote  as  a  second  choice. 

Order  of  Printing  Names  on  Ballots* 

SEC.  13.  The  names  of  candidates  for  each  office 
upon  the  ballot  and  under  the  heading  designating 
each  official  position  upon  the  ballots  to  be  used  in 
voting  shall  be  arranged  in  the  order  in  which  their 
declaration  of  candidacy  shall  have  been  filed.  There 
shall  be  no  printing  upon  the  back  of  the  ballots,  or 
any  marks  to  distinguish  them.  Said  ballots  shall  be 
consecutively  numbered,  said  numbering  perforated, 
and  torn  oft'  by  the  election  officers  on  the  voting  of 
the  ballot.  Sample  ballots  shall  be  in  the  same  form 
as  the  official  ballot,  but  upon  colored  paper. 

General  Election  Laws  to  Govern. 

SEC.  14,  Except  as  herein  otherwise  provided, 
all  primary  elections  shall  be  conducted  as  required 
for  general  elections  under  the  general  election  laws 
of  the  State  of  Washington,  as  far  as  the  provisions 
thereof  are  applicable,  and  the  election  officers  for 
such  primary  elections  shall  have  the  same  powers  as 
those  for  general  elections. 

Inspectors  and  Judges  of  Election. 

SEC.  15.  Inspectors  and  judges  of  election  shall 
be  appointed  and  designated  in  the  manner  provided 
by  said  general  election  law  at  least  ten  (10)  days  prior 
to  the  primary  election  day  :  Provided,  That  one  of 


16  PRIMARY  ELECTION  LAW 

the  judges  may  act  and  perform  the  duties  of  the 
clerk  of  election  :  And  provided  further,  That  the 
members  of  each  political  party,  in  any  precinct 
entitled  to  participate  in  any  primary  election,  may 
in  any  appointed  meeting  held  at  least  fifteen  (15) 
days  before  such  primary  election,  select  three  (3) 
members  of  that  party  who  are  duly  qualified  electors 
and  certify  the  names  of  the  persons  so  selected,  to 
the  board  of  county  commissioners  or  the  city  coun- 
cil, whose  duty  it  is  to  appoint  the  election  officers, 
and  one  of  said  persons  shall  be  appointed  and  desig- 
nated as  a  judge  or  inspector  for  that  precinct.  The 
same  fees  shall  be  allowed  and  paid  from  the  public 
funds  for  the  services  of  any  one  so  serving  as  a 
judge,  inspector  or  clerk  as  for  general  elections. 

Secretary  of  State  to  Provide  Copies  of  Law. 

SEC.  16.  The  Secretary  of  State  shall  provide 
copies  of  this  law  in  conjunction  with  the  general 
election  law  of  the  state,  and  transmit  the  same  to 
the  county  auditor  of  each  county,  at  least  twenty  (20) 
days  before  any  such  primary  election,  and  the  same 
shall  be  in  lieu  of  any  such  copies  of  said  general  elec- 
tion law  required  to  be  transmitted  to  county  auditors 
by  the  Secretary  of  State  for  use  in  such  counties. 

Opening  of  Polls  and  Counting  of  Votes. 

SEC.  17.  The  polls  in  the  several  election  pre- 
cincts on  the  primary  election  day  shall  be  kept  open 
from  11  o'clock  in  the  morning  until  8  o'clock  in  the 
evening  of  said  day.  If  at  the  hour  of  closing  there 
are  any  electors  in  the  polling  place  desiring  to  vote, 
and  who  are  qualified  to  participate  therein,  and  who 
have  not  been  able  to  do  so  since  appearing  at  the 
polling  place',  said  polls  shall  be  kept  open  reason- 
ably long  enough  after  the  hour  of  closing  to  allow 
those  so  present  at  that  hour  to  vote.  No  one  not 
present  at  the  hour  of  closing  shall  be  entitled  to 


STATE  OF  WASHINGTON  17 

vote  because  the  polls  may  not  be  actually  closed 
wnen  he  arrives.  No  adjournment  or  intermission 
whatever  shall  take  place  until  the  polls  shall  be 
closed,  and  until  all  the  votes  cast  at  such  poll  have 
been  counted  and  the  result  publicly  announced. 

Voters  Shall  Designate  Second  Choice. 

SEC.  18.  In  all  cases  where  there  are  four  or 
more  candidates  of  any  political  party  for  one  state 
or  congressional  position,  every  elector  voting  at  a 
primary  election  held  under  the  terms  of  this  act 
shall  be  required  to  designate  one  first  choice  and  one 
second  choice  for  each  such  position.  No  voter  shall 
vote  for  the  same  person  for  first  choice  and  second 
choice,  and  no  voter  shall,  where  there  are  four  or 
more  candidates  for  such  nomination,  vote  for  one 
person  only,  either  as  first  or  second  choice,  and  no 
ballot  so  voted  for  one  person  only,  for  either  first  or 
second  choice,  or  for  the  same  person  for  both  first 
and  second  choice,  shall  be  considered  a  complete  bal- 
lot, but  any  ballot  under  said  conditions,  failing  to 
show  both  first  and  second  choice  of  different  per- 
sons, shall  not  be  considered  or  counted,  for  that 
office. 

Method  of  Canvassing  Vote  and  Making  Returns. 

SEC.  19.  As  soon  as  the  polls  are  finally  closed, 
the  inspector  and  judges  of  election  shall  immedi- 
ately open  the  ballot  boxes  at  each  polling  place  and 
proceed  to  take  therefrom  the  ballots.  Said  officers 
shall  count  the  number  of  ballots  cast  by  each  party 
at  the  same  time  bunching  the  tickets  cast  for  each 
party  together  in  separate  piles,  and  shall  then  fasten 
each  pile  together.  As  soon  as  the  inspectors  and 
judges  shall  have  assorted  and  fastened  together  the 
ballots  of  each  separate  party,  they  shall  take  the 
tally  sheets  provided  by  the  county  auditor  or  city 
clerk,  and  shall  count  all  the  ballots  for  each  party 


18  PRIMARY  ELECTION  LAW 

separately,  until  the  count  is  completed,  and  shall 
certify  to  the  number  of  votes  cast  for  each  candi- 
date, and  as  to  candidates  where  first  and  second 
choice  votes  are  cast  shall  certify  to  the  number  of 
votes  cast  for  each  candidate  as  first  choice  and  for 
each  candidate  as  second  choice  and  the  total  votes 
cast  for  each  candidate  for  each  office.  The  tally 
sheets  shall  be  so  kept  that  such  sheets  shall  show 
the  number  of  votes  received,  and  shall  also  show 
the  number  of  first  and  second  choice  votes  received 
and  the  total  number  of  votes  received  by  each  can- 
didate. They  shall  then  place  the  counted  ballots  in 
the  box,  but  in  no  case  shall  they  intermingle  party 
votes.  After  all  have  been  counted  and  certified  to 
by  the  clerks  and  judges,  they  shall  seal  the  returns 
for  all  parties  in  one  envelope,  to  be  returned  to  the 
county  auditor  or  city  clerk. 

Tally  Sheets. 

SEC.  20.  Two  sets  of  tally  sheets  for  each  politi- 
cal party  having  candidates  to  be  voted  for  at  said 
primary  election  shall  be  furnished  for  each  election 
precinct  by  the  county  auditor  or  city  clerk,  at  the 
same  time  and  in  the  same  manner  that  the  ballots 
are  furnished,  and  shall  be  as  follows: 

Each  tally  sheet,  or  the  first  sheet  of  each  tally 
book  to  be  furnished,  shall  be  headed,  "Tally  sheet  for 

(name  of  political  party) 

(name  of  city  or  village) 

(county) (ward) (election  pre- 
cinct,) for  a  primary  election  held (date).'5 

The  names  of  candidates  shall  be  placed  on  the 
tally  sheets  in  the  order  in  which  they  appear  on  the 
official  ballots,  and  in  each  case  have  the  proper  party 
designation  at  the  head  thereof. 


STATE  OF  WASHINGTON  19 

Returns  of  Primary  Elections* 

SEC.  21.  In  making  out  the  returns  of  the  primary 
election  in  the  several  election  precincts,  the  same 
shall  be,  done  and  all  matter  pertaining  thereto  con- 
ducted in  accordance  with  the  provisions  of  the  gen- 
eral election  laws  for  the  returns  of  general  elections, 
except  that  the  first-choice  votes,  second-choice  votes 
and  total  votes  received  by  each  candidate  for  each 
office  shall  be  shown. 

Party  Committeemen.  How  Selected. 

SEC.  22.  At  the  September  primary  each  voter 
may  write  in  the  space  left  on  the  ticket  for  that  pur- 
pose the  name  of  one  qualified  elector  of  the  precinct 
for  member  of  the  party  county  committee.  The  one 
having  the  highest  number  of  votes  shall  be  such 
committeeman  of  such  party  for  such  precinct.  The 
party  committee  of  each  county  shall  consist  of  the 
precinct  committeemen  from  the  several  precincts  of 
such  county.  The  present  party  organization  both 
state  and  county  of  the  several  parties  shall  continue 
until  their  successors  are  elected  under  the  provisions 
of  this  act.  Each  political  party  organization  shall 
have  the  power  to  make  it  own  rules  and  regulations, 
call  conventions,  elect  delegates  to  conventions,  state 
and  national,  fill  vacancies  on  the  ticket,  provide  for 
the  nomination  of  presidential  electors,  and  perform 
all  other  functions  inherent  to  such  organizations, 
the  same  as  though  this  act  had  not  been  passed: 
Provided,  That  in  no  instance  shall  any  convention 
have  the  power  to  nominate  any  candidate  to  be  voted 
for  at  any  primary  election.  City  committeemen  may 
be  elected  at  municipal  elections  in  the  manner  pro- 
vided in  this  section,  as  near  as  may  be. 

Plurality  Required  to  Nominate. 

SEC.  23.  Candidates  for  party  offices  who  receive 
a  plurality  of  the  votes  cast  for  such  candidates  shall 


20  PRIMARY  ELECTION  LAW 

be  the  party  nominees  of  such  party,  except  as  to 
offices  where  first  and  second  choice  votes  are  cast, 
and  as  to  such  offices,  if  no  candidate  shall  have  re- 
ceived more  than  40  per  cent,  of  the  first  choice 
votes  cast,  then,  and  in  that  event  a  canvass  shall  be 
made  of  the  second  choice  votes  received  by  candi- 
dates for  said  office  at  said  primary  election,  and  said 
second  choice  votes  shall  be  counted  with  and  added 
to  the  first  choice  votes  received  by  each  and  every 
candidate  for  such  office  at  the  primary  election;  and 
the  candidate  receiving  the  highest  number  of  first 
and  second  choice  votes  shall  be  the  nominee  for  such 
office  of  the  political  party  represented  by  him. 

In  the  event  that  any  candidate  for  an  office  shall 
have  received  40  per  cent,  or  more  of  the  first  choice 
votes  of  his  political  party  east  at  said  primary  elec- 
tion, the  candidate  receiving  the  highest  number  of 
first  choice  votes  shall  be  declared  the  nominee  of  his 
party  to  such  position,  without  reference  to  the  second 
choice  votes. 

In  the  event  that  there  are  more  than  one  position 
of  the  same  kind  to  be  filled  and  more  candidates  of 
any  political  party  receive  majorities  of  the  votes  of 
such  party  cast  at  such  election  than  there  are  posi- 
tions to  be  filled,  then  in  that  event  the  number  of 
candidates  equal  to  the  number  of  positions  to  be  filled 
receiving  the  highest  number  of  votes  shall  be  the 
nominees  of  such  political  party  for  such  position. 

State  Canvassing  Board 

Sec.  24.  The  canvassing  of  the  vote  and  the 
returns  of  reports  of  the  primary  elections  as  to  can- 
didates for  state  offices.  United  States  senators  and 
representatives  in  Congress,  and  any  other  candidate 
whose  district  extends  beyond  the  limits  of  a  single 
county,  shall  be  done  by  a  canvassing  board  consist- 
ing of  the  Secretary  of  State,  State  Treasurer  and 


STATE  OF  WASHINGTON  21 

State  Auditor.  Said  state  canvassing  board  shall 
meet  at  the  office  of  the  Secretary  of  State  on  the  3rd 
Tuesday  at  ten  o'clock  a.  m.  next  after  the  September 
primary.  As  soon  as  said  board  has  canvassed  said 
vote  it  shall  file  a  certeficate  with  the  Secretary  of 
State  which  certificate  shall  show  the  vote  of  each 
candidate  of  each  political  party  for  each  office.  A 
copy  of  such  certificate  shall  be  published  once  in 
some  newspaper  published  at  the  state  capital,  which 
publication  shall  be  made  by  the  Secretary  of  State 
immediately  after  the  same  is  filed  in  his  office.  The 
vote  for  all  county,  city  and  municipal  officers  shall 
be  canvassed  and  the  returns  made  by  the  same 
officers  and  in  the  same  manner  as  returns  of  the 
votes  cast  at  general  elections  are  by  law  now  re- 
quired to  be  made.  Such  canvassing  board  and  other 
officers  canvassing  votes  cast  at  such  primary  elec- 
tions shall  file  with  the  proper  officer  a  statement  and 
report  of  such  canvass  which  statement  and  report  of 
said  primary  election  shall  contain: 

First. — A  statement  duly  certified  to  containing 
the  names  of  all  candidates  voted  for  at  the  primary 
election  with  the  number  of  votes  received,  and  also 
the  uumber  of  first-choice  votes  received  by  each  and 
the  number  of  second-choice  votes  received  by  each 
and  the  total  number  of  votes  received  by  each  and 
for  what  office,  said  statement  to  be  made  as  to  each 
political  party  separately. 

Second. — A  statement  of  the  names  of  the  per- 
sons or  candidates,  of  each  political  party  who  are 
nominated  as  hereinbefore  provided.  Where  there  is 
more  than  one  person  to  be  elected  to  a  given  office  at 
the  ensuing  election  there  shall  be  included  in  said 
statement  of  nominations  the  names  of  so  many  can- 
didates for  said  office,  nominated  under  the  provisions 
of  this  act,  as  there  are  persons  to  be  elected  to  said 
office  at  the  ensuing  election.  Said  statement  shall, 


22  PRIMARY  ELECTION  LAW 

in   like  manner,  be  made  separately  as  to  each  polit- 
ical party. 

Third. — A  statement  of  the  whole  number  of 
electors  registered  and  the  number  of  ballots  cast  at 
said  primary  election.  If  two  or  more  of  the  candi- 
dates of  the  same  political  party  are  "tied"  for  the 
same  office,  the  "tie"  shall  be  determined  by  a  lot  to 
be  cast  then  and  there  by  and  as  the  canvassing  board 
may  determine.  It  shall  be  the  duty  of  the  county 
auditor  upon  the  completion  of  its  canvass  by  the  can- 
vassing board  to  immediately  mail,  or  deliver,  in  per- 
son to  each  candidate  so  nominated,  a  notice  of  such 
fact  and  that  his  name  will  be  placed  upon  the  official 
ballot  at  the  ensuing  election.  The  persons  whose 
names  are  so  placed  in  said  statement  of  nomination 
shall  be  and  constitute  the  nominees  of  the  said  polit- 
ical parties  of  which  they  are  candidates,  and  such 
names  shall  be  printed  upon  the  official  ballot  pre- 
pared for  the  ensuing  election.  No  names  of  candi- 
dates of  any  political  party  which  is  required  to  make 
nominations  under  this  act  shall  be  placed  upon  the 
official  election  ballot,  unless  such  candidate  shall 
have  been  chosen  in  accordance  with  this  act,  except 
in  cases  of  a  vacancy  occasioned  by  the  death,  re- 
moval or  resignation  of  any  candidate  so  chosen,  or 
arising  otherwise,  and  in  such  a  case  the  campaign  or 
party  committee  of  the  political  party  on  whose 
ticket  the  same  occurs,  or  if  there  be  no  such  com- 
mittee, then  a  convention  of  such  party  may  fill  such 
vacancy.  The  name  of  such  new  candidate  shall  be 
certified  under  oath  to  the  county  auditor,  or  the  city 
clerk,  as  the  case  may  be,  by  the  chairman  and  secre- 
tary of  said  committee  or  convention. 

Errors  in  Printing  Ballots  to  be  Prevented. 

SEC.  25.  Whenever  it  shall  appear  by  affidavit  to 
any  judge  of  the  supreme  court  or  superior  court  of 
the  county  that  any  error  or  omission  has  occurred  or 


STATE  OF  WASHINGTON  23 

is  about  to  occur  in  the  printing  in  the  name  of  any 
candidate  on  official  ballots,  or  that  any  error  has 
been  or  is  about  to  be  committed  in  printing  the  bal- 
lots, or  that  the  name  of  any  person  has  been  or  is 
about  to  be  wrongfully  placed  upon  such  ballots,  or 
that  any  wrongful  act  has  been  performed  or  is  about 
to  be  performed  by  any  judge  or  clerk  of  the  primary 
election,  the  county  auditor,  canvassing  board  or 
member  thereof,  or  by  any  person  charged  with  a 
duty  under  this  act,  or  that  any  neglect  of  duty  by  any 
of  the  persons  aforesaid  has  occurred,  or  is  about  to 
occur,  such  judge  shall,  by  order,  require  the  officer 
or  person  or  persons  charged  with  the  error,  wrong- 
ful act  or  neglect,  to  forthwith  correct  the  error,  de- 
sist from  the  wrongful  act,  or  perform  the  duty,  and 
to  do  as  the  court  shall  order,  or  to  show  cause  forth- 
with why  such  error  should  not  be  corrected,  wrong- 
ful act  desisted  from,  or  such  duty  or  order  not  per- 
formed. Failing  to  obey  the  order  of  such  court  shall 
be  contempt.  Any  candidate  at  such  primary  election 
who  may  desire  to  contest  the  nomination  of  any  can- 
didate for  the  same  office  at  said  primary  election 
may  proceed  by  such  affidavit  so  presented:  Pro- 
vided, That  such  affidavit  may  be  presented  within 
five  days  after  the  completion  of  the  canvass  by  said 
canvassing  board,  and  not  later,  and  the  candidate 
whose  nomination  is  so  contested  shall,  by  order  of 
such  judge,  duly  served,  be  required  to  appear  and 
abide  by  the  orders  of  the  court  to  be  made  therein. 

Nominations  by  Minority  Parties,  How  Made. 

SEC.  26.  Any  political  party  which  at  the  last 
preceding  election  cast  less  than  10  per  cent,  of  the 
votes,  may  nominate  candidates  in  the  manner  pro- 
vided by  existing  laws  for  conventions:  Provided, 
however,  That  all  such  conventions  must  be  held  upon 
the  same  day  as  the  primary  elections  are  held: 
And  provided  further,  That  no  candidate's  name  shall 


24  PRIMARY  ELECTION  LAW 

be  printed  upon  the  election  ballot  until  he  shall  have 
paid  the  fee  provided  by  law  to  be  paid  by  candidates 
to  be  nominated  at  primary  elections  for  like  offices. 
Persons  nominated  as  provided  in  this  section  shall 
be  subject  to  the  provisions  and  penalties  of  sections 
28,  29,  30  and  31  of  this  act. 

Forms  to  be  Prepared. 

SEC.  27.  It  shall  be  the  duty  of  the  Secretary  of 
State  and  Attorney  General,  on  or  before  July  1,  1907, 
to  prepare  all  forms  necessary  to  carry  cut  the  pro- 
visions of  this  act,  which  forms  shall  be  substantially 
followed  in  all  primaries  held  in  pursuance  hereof. 
Such  forms  shall  be  printed  with  copies  of  this  act  for 
public  use  and  distribution. 

Expenses  of  Candidates  Limited. 

SEC.  28.  No  person  shall,  in  order  to  aid  or  pro- 
mote his  own  nomination  to  a  public  office  under  the 
provisions  of  this  act,  or  any  amendment  thereto, 
directly  or  indirectly,  himself  or  through  another 
person,  give,  pay,  expend  or  contribute,  or  promise  to 
give5  pay,  expend  or  contribute  any  money  or  other 
valuable  thing,  except  for  personal  expenses.  The 
words  "personal  expenses, "as  used  in  this  act,  shall 
include  only  expenses  directly  incurred  and  paid  by  a 
candidate  for  traveling-  and  for  purposes  properly  in- 
cidental to  traveling,  and  for  writing,  printing  and 
preparing  for  transmission  any  letter,  circular  or 
other  publication  not  issued  at  regular  intervals, 
whereby  he  states  his  position  or  views  upon  public  or 
other  questions;  for  stationery  and  postage,  for  tele- 
graph, telephone  and  public  messenger  service,  and 
for  other  similar  expenses,  and  for  the  necessary  ex- 
pense of  hiring  halls  or  other  rooms  for  the  purpose 
of  holding  meetings  to  address  the  voters  and  others 
upon  public  questions  and  matters  relating  to  his 
candidacy. 


STATE  OF  WASHINGTON  25 

No  person  shall  be  competent  to  qualify  for  any 
public  office,  who  shall  have,  prior  to  the  holding  of 
any  primary  election,  paid,  or  promised  or  agreed  to 
pay,  either  directly  or  through  another  or  in  any 
manner  whatsoever,  to  the  owner,  publisher,  man- 
ager or  representative  of  any  newspaper,  any  sum  of 
money  or  other  thing  of  value,  for  any  article  or  pub- 
lished statement  in  a  newspaper,  wherein  the  elec- 
tors are  advised  or  counseled  to  vote  for  such  candi- 
date, or  his  fitness  or  qualifications  for  office  are  set 
forth,  or  his  photograph  or  biography  is  published. 

Newspapers  Prohibited  from  Accepting  Money  from  Can- 
didates. 

Sec.  29.  It  shall  be  unlawful  for  any  owner,  pro- 
prietor, editor,  manager,  officer,  clerk,  agent,  re- 
porter or  employe  of  any  newspaper,  magazine  or 
periodical  printed  or  published  in  this  state,  to  take, 
accept  or  receive,  or  agree  to  take,  accept  or 
receive  for  himself  or  any  other  person  or  per- 
sons, firm  or  corporation  either  by  himself  or  any 
other  person,  persons,  firm  or  corporation  any  money, 
gratuity  or  other  valuable  consideration  or  article  of 
value  for  or  on  account  of  or  as  a  consideration  for 
such  newspaper,  magazine  or  other  periodical  sup- 
porting or  advocating  the  election  or  defeat  of  any 
candidate  or  candidates  at  any  primary  election. 
Any  such  owner,  proprietor,  editor,  manager,  officer, 
clerk,  agent,  reporter  or  employe  of  any  newspaper, 
magazine  or  other  periodical  violating  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall  be  fined  in  any  sum  not  less  than  $25.00  and 
not  more  than  $500.00  or  confined  in  the  county  jail 
not  less  than  10  days  or  more  than  six  months  or  be 
punished  by  both  such  fine  and  imprisonment:  Pro- 
vided, however,  Nothing  herein  shall  prevent  any  per- 
son or  persons,  firm  or  corporation  engaged  in  the 
publication  of  any  newspaper,  magazine  or  periodical 


26  PRIMARY  ELECTION  LAW 

from  receiving  for  publication  and  publishing  any 
matter,  article  or  articles  advocating  the  election  or 
defeat  of  any  candidates  and  receiving  a  cansideration 
therefor,  if  such  articles  so  published  or  printed  have 
placed  at  the  beginning  thereof  in  plain  type  of 
black-faced  Roman  capitals  in  a  conspicuous  place, 
the  statement  "PAID  ADVERTISEMENT."  But  this 
section  shall  not  be  construed  as  permitting  the  pay- 
ment for  any  publication  prohibited  by  section 
twenty-eight  of  this  act. 

Sworn  Itemized  Statement  of  Expenses  to  be  Filed* 

Sec.  30.  Every  candidate  for  nomination  under 
the  terms  of  this  act,  or  any  amendment  thereto  shall, 
not  less  than  ten  days  after  the  day  of  holding  the 
primary  election  at  which  he  is  a  candidate,  file  an 
itimized  statement  in  writing,  duly  sworn  to  as  to  its 
correctness,  with  the  officer  with  whom  his  declara- 
tion of  candidacy  or  other  nomination  paper  is  filed, 
setting  forth  each  sum  of  money  and  thing  of  value, 
or  any  consideration  whatever,  contributed,  paid  or 
promised  by  him,  or  any  one  for  him,  with  his  knowl- 
edge or  acquiescence,  for  the  purpose  of  securing  or 
influencing,  or  in  any  way  affecting,  his  nomination 
to  said  office.  Said  statement  to  set  forth  the  sums 
paid  as  personal  expenses  and  stating  fully  the  nature, 
kind  and  character  of  the  expense  for  which  the  sums 
were  expended  separately,  and  the  party  or  parties 
to  whom  the  sums  were  paid  and  the  purposes  for 
which  such  payments  were  made;  and  in  this  state- 
ment all  sums  or  other  considerations  promised  and 
not  paid  shall  be  included.  Such  statement,  when  so 
filed,  shall  immediately  be  subject  to  the  inspection 
and  examination  of  any  elector  and  shall  be  and  be- 
come a  part  of  the  public  records. 

Penalty  for  Failure  to  File  Expense  Statement* 

Sec.  31.  Any  candidate  for  nomination  for  any 
office  under  the  terms  of  this  act  who  shall  fail, 


STATE  OF  WASHINGTON  27 

neglect  or  refuse  to  file  with  the  proper  officer  the 
statement  provided  for  in  section  30  within  the  time 
provided  therein,  or  who  shall  fail  to  fully  set  out 
and  detail  any  and  all  sums  of  money  or  other  thing 
of  value  or  consideration  expended,  paid,  contributed 
or  promised,  as  in  section  28  provided,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  fined  not  less 
than  twenty-five  ($25)  dollars  and  not  more  than  five 
hundred  ($500)  dollars  or  be  imprisoned  in  the  county 
jail  not  less  than  ten  (10)  days  and  not  more  than  six 
(6)  months. 

Corrupt  Solicitation  Prohibited* 

Sec.  32.  Any  person  who  shall  solicit,  request  or 
demand,  directly  or  indirectly,  any  money,  intoxicat- 
ing liquor,  or  any  thing  of  value,  or  promise  thereof, 
either  to  influence  his  vote  or  to  be  used,  or  under 
the  pretense  of  being  used  to  procure  the  vote  of  any 
other  person  or  persons,  to  be  used  at  any  poll  or 
other  place  prior  to  or  on  the  day  of  any  election 
under  this  act,  for  or  against  any  candidate  for  office 
or  for  or  against  any  measure  or  question  to  be 
voted  upon  at  such  election,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  trial  and  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  $10  nor  more 
than  $500,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  thirty  days  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment. 

General  Election  Laws  to  Apply. 

SEC.  33.  The  provisions  of  the  statutes  in  re- 
lation to  the  holding  of  elections,  the  solicitation  of 
voters  at  the  polls,  the  challenging  of  vc  ters,  the 
manner  of  conducting  elections,  of  counting  the  bal- 
lots and  making  returns  thereof,  and  all  other  kindred 
subjects,  shall  apply  to  all  primaries  insofar  as  they 
are  consistent  with  this  act. 


28  PBJMARY  ELECTION  LAW 

Perjury  Defined* 

SEC.  34.  If  any  person  whose  vote  is  challenged 
under  the  provisions  of  this  act  shall  knowingly, 
wilfully  and  corruptly  swear  or  affirm  falsely,  he  shall 
be  deemed  guilty  of  perjury,  and  on  conviction 
thereof  shall  be  punished  accordingly. 

Forgery  Defined. 

SEC.  35.  Any  person  who  shall  forge  any  name 
of  a  person  as  a  signer  or  witness  to  a  nomination 
paper  shall  be  deemed  guilty  of  forgery,  and  on  con- 
viction thereof  punished  accordingly. 

Vote  for  United  States  Senator  to  Be  Certified. 

SEC.  36.  It  shall  be  the  duty  of  the  Secretary  of 
State  to  certify  to  both  houses  of  the  Legislature,  the 
names  of  the  persons  of  each  political  party  for  whom 
the  highest  number  of  votes  were  cast  at  any  primary 
election  under  the  provisions  of  this  law  at  which  any 
persons  were  candidates  for  the  nomination  for  United 
States  senators,  said  certificates  to  be  made  and  filed 
upon  the  first  day  of  the  session  of  such  Legislature 
convening  next  after  said  primary  election. 

Pledge  to  Vote  for  Party  Choice  for  United  States  Senat  or 
SEC.  37,  Any  candidate  under  this  act  for.  office 
of  State  Senator,  or  member  of  the  House  of  Repre- 
sentatives, if  he  desires  to  do  so,  may  sign  and  file 
with  his  declaration  of  candidacy  or  nomination 
paper,  a  declaration  as  follows: 

I  hereby  declare  to  the  people  of  the  State  of 
Washington,  and  particularly  of  my  legislative  dis- 
trict, that  during  my  term  of  office  I  will  always  vote 
for  the  candidate  for  United  States  senator  who  has 
received  the  highest  number  of  votes  upon  my  party 
ticket  for  the  position  at  the  primary  election  next 
preceding  the  election  of  United  States  senator;  and 
in  such  case  there  shall  be  printed  on  the  official  pri- 


STATE  OF  WASHINGTON  29 

mary  ballot,  opposite  or  just  below  said  candidate's 
name,  the  following1 :  "Pledged  to  vote  for  party 
choice  for  United  States  senator. " 

Nomination  of  Candidates  for  Supreme  and  Superior  Court 

Judges. 

SEC.  38.  Judges  of  the  supreme  and  superior 
courts,  state  senators  and  representatives  shall  not 
be  considered  state  officers  within  the  meaning  of  the 
provisions  of  this  act  relating1  to  first  choice  and 
second  choice  voting.  When  there  are  to  be  elected 
at  any  general  election  two  or  more  judges  of  the 
supreme  court  or  superior  court  of  any  county,  the 
candidates  for  each  respective  office  whose  names  are 
to  be  placed  upon  the  general  election  ticket,  shall  be 
determined  as  follows  :  The  number  of  candidates, 
equalling  the  number  of  judicial  positions  to  be  filled, 
who  receive  the  highest  number  of  votes  at  the 
primary  election,  shall  be  candidates  for  such  re- 
spective offices,  and  their  names  shall  appear  on  the 
general  election  ticket  under  the  designation  of  such 
respective  offices.  Where  a  vacancy  or  other  cause 
shall  necessitate  the  election  of  a  judge  for  a  short 
term  and  at  the  same  election  one  or  more  judges 
are  to  be  elected  for  the  full  term,  candidates  may 
announce  themselves  for  either  the  short  or  full  term 
and  the  ballots  shall  be  arranged  accordingly. 

Emergency. 

SEC.  39.  An  emergency  exists  and  this  act  shall 
take  effect  immediately. 

Passed  the  Senate  March  11,  1907. 
Passed  the  House  March  12,  1907. 
Approved  by  the  Governor  March  15,  1907. 


AUTHENTICATION. 


STATE  OF  WASHINGTON, 
OFFICE  OF  THE  SECRETARY  OF  STATE. 
I,  SAM  H.  NICHOLS,  Secretary  of  State  of  the  State 
of  Washington  and  custodian  of  the  seal  of  said  State, 
do  hereby  certify  that  I  have  carefully  compared  the 
foregoing  published  law  passed  by  the  Legislature  of 
the  State  of  Washington  at  its  tenth  biennial  session, 
in  1907,  with  the  original  enrolled  law  now  on  file  in 
this  office,  and  find  the  same  to  be  a  full,  true  and  cor- 
rect copy  of  the  original. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set 

my  hand  and  affixed  hereto  the  seal  of  the 

[SEAL]       State  of  Washington.     Done    at   Olympia, 

this  twenty-first  day  of  March,  A.  D.   1907. 

SAM   H.   NICHOLS, 

Secretary  of  State. 


INDEX  TO  PRIMARY  ELECTION  LAW. 


A  * 

ADVERTISEMENT:  Sec.  Page 

Articles  about  candidates  must  be  so  designated...  29  25 

ATTORNEY  GENERAL: 

Blank  form  s  to  be  prepared  by 27  24 

AUDITOR,  COUNTY: 

Certain  fees  to  be  paid  to  by  candidates 5  5 

Candidates  to  file  declaration  with 7  6 

List  of  candidates  to  be  published  by 8  6 

Notice  of  primary  election  to  be  published  by 8  7 

Official  and  sample  ballots  to  be  prepared  by 10  7 

AUDITOR,   STATE: 

Member  state  canvassing  board 24  20 

B 

BALLOT,   ELECTION: 

Separate  one  for  each  political  party 10  7 

Form  of  for  primary 10  10 

Order  of  printing  names  of  candidates  on 13          ,15 

Errors  in  printing  to  be  corrected 25          22 

BALLOT,   SAMPLE: 

Form  of  for  primary  election 10  7 

Must  be  printed  on  colored  paper 13          15 

BIENNIAL  PRIMARIES: 

Date  of  holding  elections 3  4 

BLANK  FORMS: 

Declaration  of  candidacy 4  4 

For  making  return  of  election 20  18 

To  be  prepared  by  Secretary  of  State  and  Attorney 

General 27          24 

BOARD,   STATE   CANVASSING: 

How  constituted,  and  work  of 24          20 

C 

CANDIDACY,  DECLARATION  OF: 

Date  for  filing  and  form  of  : 4  4 

Manner  of  filing  by  candidates 7 


32  INDEX 

CANDIDATES :  Sec.  Page 

Must  be  nominated  at  primary  election 2  3 

Manner  of  filing  declaration  by 7  6 

List  of  to  be  certified  by  secretary  of  state 8  6 

List  to  be  published  by  county  auditor 8  6 

Order  of  printing  names  on  ballot 13  15 

Not  allowed  to  pay  money  to  newspapers 28  25 

Must  make  sworn  itemized  expense  statement 30  26 

Penalty  for  failure  to  file  expense  account 31  26 

CANDIDATES,  EXPENSES  OF: 

Limited  to  certain  specific  purposes 28          24 

CANDIDATES,  FEES  OF: 

To  be  paid  on  filing  declaration 5  5 

CANDIDATES,  NOMINATION  OF: 

Plurality  of  votes  required  for 23  19 

CANVASSING  BOARD,  STATE: 

How  constituted  and  work  of 24  20 

CANVASSING  OF  VOTE: 

Manner  of,  by  election  officers 19          17 

CHOICE,  FIRST  AND  SECOND: 

Must  be  designated  by  voters 18          17 

To  be  canvassed  by  election  board 23          20 

CITY  OF  FOURTH  CLASS: 

Primary  law  does  not  apply  to 2  3 

CLERK,  CITY: 

Certain  fees  to  be  paid  to  by  candidates 5  5 

Candidates  to  file  declaration  with 7  6 

COLORED  PAPER: 

Sample  ballots  must  be  printed  on 13  15 

CONGRESS,  REPRESENTATIVES  IN: 

Must  be  nominated  at  primary  election 2  3 

CONSTRUED: 

Words  "Primary,"  "Election,"  etc.,  how 1  3 

CONTEST: 

Manner  of  procedure  in 25  23 

COUNTY  OFFICERS: 

Nomination  of  candidates  for 2  3 

CORRUPT  SOLICITATION: 

By  candidates,  prohibited 32  27 

COURT,  SUPREME  AND  SUPERIOR: 

Candidates  for,  not  to  declare  party  affiliation 4  5 


INDEX  33 

D 

DECLARATION  OF  CANDIDACY:  Sec.    Page 

Date  for  filing  and  form  of 4  4 

Manner  of  filing  by  candidates 7  6 

DIKE  DISTRICT: 

Primary  law  does  not  apply  to 2  3 

DISTRICT  ELECTION: 

Primary  law  does  not  apply  to  certain 2  3 

TT 

ELECTION: 

Meaning  of  general  or  city 1  3 

ELECTION  BALLOT: 

Separate  one  for  each  political  party 10  7 

Form  of  for  primary 10  10 

Order  of  printing  names  of  candidates  on 13  15 

Errors  in  printing  to  be  corrected 25  22 

ELECTION,   DISTRICT: 

Primary  law  does  not  apply  to  certain 2  & 

ELECTION   LAWS: 

General,  apply  to  primaries 14  15 

General,  to  apply  to  primary  election 33  27 

ELECTION  OFFICERS: 

Manner  of  canvassing  votes  by 19  17 

ELECTION,  PRIMARY: 

Meaning  of,  in  this  act 1  3 

Date  of  holding  biennial 3  4 

Method  of  voting  in 10  7 

For  all  parties  at  same  time 11  14 

Qualification  of  voters  at 12  14 

General  election  laws  apply  to 14  15 

Hours  polls  are  open  for 17  16 

General  election  laws  to  apply  to 33  27 

ELECTION  RETURNS: 

Must  show  first  and  second  choice  votes 21  19 

ELECTIONS,  SPECIAL: 

Direct  primary  does  not  apply  to  certain 2  3 

ELECTIVE  OFFICES: 

Candidates  for  must  be  nominated  at  primary  elec- 
tion       2  3 

ELECTORS,  PRESIDENTIAL: 

Primary  law  does  not  apply  to 2 

To  be  nominated  by  political  parties 22          19 


34  INDEX 

EMERGENCY:  Sec.  Page 

Putting  law  into  immediate  effect 39  29 

EXPENSES  OP  CANDIDATES: 

Limited  to  certain  specific  purposes 28  24 

EXPENSES,  STATEMENT  OF: 

Itemized  and  sworn  to  by  candidates 30  26 

Penalty  for  failure  of  candidates  to  file ....'. 31  26 

F 

FEES: 

To  be  paid  to  election  officers 15          16 

FEES  OF  CANDIDATES: 

To  be  paid  on  filing  declaration 5  5 

FIRST  AND  SECOND  CHOICE: 

Must  be  designated  by  voters 18          17 

To  be  canvassed  by  election  board 23          20 

FORGERY: 

Definition  of  and  penalty  for 35          28 

FORMS,  BLANK: 

Declaration  of  candidacy 4  4 

For  making  returns  of  election 20          18 

To  be  prepared  by  secretary  of  state  and  attorney 
general 27          24 

I 

INSPECTORS  AND  JUDGES: 

Manner  of  appointment  of . .   15  15 

Fees  paid  for  serving  as 15  16 

IRRIGATION  DISTRICT: 

Primary  law  does  not  apply  to 2  3 

J 
JUDGES: 

Manner  of  nomination  of 38          29 

JUDGES,  INSPECTORS  AND: 

Manner  of  appointment  of 15  15 

Fees  paid  for  serving  as 15          16 

JUDGES,  SUPREME  AND  SUPERIOR: 

First  and  second  choice  votes  not  to  apply  to 38          29 

L 

LAWS,  ELECTION: 

General,  to  apply  to  primaries 14          15 

General,  to  apply  to  primary  election 33          27 

LEGISLATURE,  MEMBERS   OF: 

First  and  second  choice  votes  not  to  apply  to 38          29 


INDEX  35 

M 

MUNICIPAL  OFFICES:  Sec.    Page 

Nomination  of  candidates  for 2  3 

N 

NEWSPAPERS: 

Must  designate  articles  about  candidates  as  adver- 
tising     29          25 

NOMINATION: 

Of  candidates  for  elective  offices 2  3 

By  political  party  casting  less  than  ten  per  cent  of 

votes 26  23 

NOMINATION  OF  CANDIDATES: 

Plurality  of  votes  required  for. 23  19 

O 

OFFICERS,  ELECTIVE: 

Nomination  of  candidates  for 2  3 

OFFICERS,  ELECTION: 

Manner  of  canvassing  votes  by 19  17 

P 

PAPER,  COLORED: 

Sample  ballots  must  be  printed  on 13          15 

PARTY,   POLITICAL: 

Not  to  be  declared  by  candidates  for  judgeship 4            5 

Certain,  may  have  place  OD  official  ballot 6 

Separate  ballot  for  each 10            7 

Members  of  committee  for  to  be  chosen 22           19 

Rules  and  regulations  and  conventions  of 22          19 

Presidential  electors  to  be  nominated  by 22           19 

Nominations  by  if  less  than  ten  per  cent,  of  votes 

cast  by 26          23 

PERJURY: 

Definition  of  and  penalty  for 34          28 

POLITICAL  PARTY: 

Candidates  for  judgeship  not  to  declare 4            5 

Certain,  may  have  place  on  official  ballot 6            5 

Separate  ballot  for  each 10            7 

Rules  and  regulations  and  conventions  by.  * 22          19 

Presidential  electors  to  be'nominated  by.. .  .^ 22          19 

Members  of  committee  for  to  be  chosen 22          19 

Nominations  by  if  less  than  ten  per  cent,  of  votes 

cast  by 26          23 


36  INDEX 

POLLS,  PRIMARY  ELECTION:  Sec.  Page 

Hours  open  for... 17  16 

PRECINCT  OFFICERS: 

Nomination  of  candidates  for 2  3 

PRESIDENTIAL  ELECTORS: 

Primary  law  does  not  apply  to 2  3 

To  be  nominated  by  political  parties 22  19 

PRIMARY: 

Term,  how  construed —  1  3 

September,  meaning  of 1  3 

Election,  meaning  of 1  3 

PRIMARY  ELECTION: 

Date  of  holding  biennial 3  4 

Method  of  voting  in 10  7 

For  all  parties  at  same  time 11  14 

Qualification  of  voters  at 12  14 

General  election  laws  apply  to 14  15 

Hours  polls  are  open  for    17  16 

General  election  laws  to  apply  to 33  27 

Q 

QUALIFICATION  OF  VOTERS: 

For  primary  election 12  14 

R 

REGISTRATION: 

Required  for  certain  primary  election  precincts  —    12          14 
RETURNS,  ELECTION: 

Must  show  first  and  second  choice  votes 21          19 

S 

SAMPLE  BALLOT: 

Form  of  for  primary  elections 10  7 

Must  be  printed  on  colored  paper 13  15 

SCHOOL  DISTRICT: 

Primary  law  does  not  apply  to 2  3 

SECOND  CHOICE,  AND  FIRST: 

Must  be  designated  by  voters 18  17 

To  be  canvassed  by  election  board 23  20 

SECRETARY  OF  STATE: 

Certain  fees  to  be  paid  to  by  candidates 5  5 

Candidates  to^le  declaration  with 7  6 

To  certify  list  pf  candidates  to  county  auditor 8  6 

To  provide  copies  of  primary  law 15  16 

Member  of  state  canvassing  board 24  20 

Blank  forms  to.  be  prepared  by 27  24 


INDEX  37 

SENATOR,  UNITED  STATES:  Sec.    Page 

To  be  voted  for  at  primary  election 2  3 

Vote  for  to  be  certified  by  secretary  of  state 36  28 

Candidate  for  legislature  may  pledge  for 37  28 

SEPTEMBER  PRIMARY: 

Meaning  of  term 1  3 

SHEETS,  TALLY: 

Form  of,  for  making  return  of  election 20  18 

SOLICITATION,  CORRUPT: 

By  candidates,  prohibited 32  27 

SPECIAL  ELECTIONS: 

Direct  primary  does  not  apply  to  certain 2  3 

STATE  AUDITOR: 

Member  state  canvassing  board 24  20 

STATE  CANVASSING  BOARD: 

How  constituted,  and  work  of 24  20 

STATEMENT  OP  EXPENSES: 

Itemized  and  sworn  to  by  candidates 30          26 

Penalty  for  failure  of  candidate  to  file 31  26 

STATE  OFFICERS: 

Must  be  nominated  at  primary  election 2  3 

STATE  OFFICES: 

Nomination  of  candidates  for 2  3 

STATE  TREASURER: 

Member  state  canvassing  board 24  20 

SUPERIOR  COURT: 

Candidates  for  not  to  declare  party  affiliation 4  5 

SUPERIOR  COURT  JUDGES: 

First  and  second  choice  votes  not  to  apply  to 38  26 

SUPREME  COURT: 

Candidates  for  not  to  declare  party  affiliation 4  5 

SUPREME  COURT  JUDGES: 

First  and  second  choice  votes  not  to  apply 38          29 

T 
TALLY  SHEETS: 

Form  of ,  for  making  return  of  election 20  18 

TERMS,  UNEXPIRED: 

Primary  law  does  not  apply  to  filling 2  3 

TOWN  OF  FOURTH  CLASS: 

Primary  law  does  not  apply  to 2  3 

TREASURER,  STATE: 

Certain  fees  to  be  paid  to 5  5 

Member  of  state  canvassing  board 24          20 


38  INDEX 

U 

UNEXP1RED  TERMS:  Sec.    Page 

Primary  law  does  not  apply  to  filling 2 

UNITED  STATES   SENATORS: 

To  be  voted  for  at  primary  election 2            3 

UNITED   STATES  SENATOR: 

Vote  for  to  be  certified  by  Secretary  of  State 36          28 

Candidate  for  legislature  may  pledge  for 37           28 

V 
VACANCIES: 

Primary  law  does  not  apply  to  filling 2  3 

VOTE    CANVASSING  OF: 

Method  of,  by  election  officers 19  17 

VOTERS,   ELECTION: 

First  and  second  choice  to  be  designated  by 18  17 

VOTERS,   QUALIFICATION  OF: 

For  primary  election 12  14 

VOTES  FOR  CANDIDATES: 

Plurality  required  to  nominate 23          20 

VOTING: 

Method  of  in  primary  election 10  7 


YA  01015 


257160 


